summary
Introduced
01/28/2026
01/28/2026
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Electronic Device Stewardship Act. Requires a producer that sells an electronic smoking device to implement and finance an electronic smoking device stewardship program, no later than 2 years after the effective date of the Act, through a producer responsibility organization that is approved by the Environmental Protection Agency. Requires a producer responsibility organization to submit an electronic smoking device stewardship plan to the Agency for approval no later than 2 years after the effective date of the Act. Establishes requirements regarding fees collected from participating producers. Sets forth procedures regarding approval of stewardship plans. Prohibits, beginning 2 years after the effective date of the Act, a producer from selling, offering for sale, distributing, or importing for sale an electronic smoking device unless the producer is in an approved producer responsibility organization in compliance with the Act, with a civil penalty of up to $10,000 for a violation. Provides an affirmative defense for a distributor or retailer for reliance on the representation of a producer or producer responsibility organization. Allows the Attorney General to recover civil penalties and any other damages and to seek injunctive relief. Provides an antitrust exemption. Requires a producer responsibility organization to submit an annual report to the Environmental Protection Agency. Requires the Agency to adopt rules and conduct an evaluation. Makes findings and states the purpose of the Act. Defines terms. Effective immediately.
AI Summary
This bill, titled the Electronic Smoking Device Stewardship Act, mandates that producers selling electronic smoking devices (which are defined broadly to include any device used to deliver aerosolized or vaporized substances, along with their components and substances, excluding FDA-authorized medical products) must finance and implement a stewardship program to manage these devices at the end of their life. This program must be managed by a producer responsibility organization (PRO), a non-profit entity approved by the Environmental Protection Agency (EPA), which will develop and submit a stewardship plan for EPA approval. Producers are required to join an approved PRO, and the PRO will collect fees from participating producers to cover the costs of collection, transportation, recycling, and environmentally sound disposal. Beginning two years after the law takes effect, producers cannot sell these devices unless they are part of an approved PRO, with violations subject to civil penalties of up to $10,000; distributors and retailers are protected from penalties if they reasonably rely on producer representations of compliance. The bill also includes an antitrust exemption for actions taken to implement the stewardship program, with specific exclusions for price-fixing or output restrictions, and requires PROs to submit annual reports to the EPA detailing program operations and finances. The EPA is empowered to adopt rules, conduct evaluations, and enforce the act, with the Attorney General able to seek penalties and injunctions.
Committee Categories
Government Affairs
Sponsors (2)
Last Action
House Executive Committee Hearing (10:00:00 2/25/2026 Room 118) (on 02/25/2026)
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